DSU’s Stoxen Library to host “Civil War 150 Traveling Exhibition” Dec. 30-Jan. 27

Shanna Shervheim, interim associate director of communications, 701-483-2595

The American Civil War was the bloodiest in U.S. history, taking the lives of 1.5 million people and tearing the country in two. Experience the conflict through the eyes of major political figures, soldiers, families and freedmen at the “Civil War 150 Traveling Exhibition” at Dickinson State University’s Stoxen Library Dec. 30-Jan. 27.

A grand opening reception for this nationally acclaimed exhibition will be held at the library on Monday, Jan. 6 from 3-7 p.m. During the reception, Civil War era refreshments will be served including standard military fare hard tack. The public is invited to view the exhibition at any time during its month-long residency: weekdays from 8:30 a.m.-4:30 p.m. (Stoxen Library is closed New Year’s Day.)

The Civil War was one of the most transformative periods in U.S. history. After long-simmering sectional tensions led to seven slaveholding states seceding, the ensuing political strife gave way to war in April 1861. Through letters, personal accounts, and images, the exhibition portrays how people grappled with the end of slavery, the nature of democracy and citizenship, the human toll of war, and the role of a president during wartime.

“This wonderful exhibition has material that will appeal to both long-time Civil War buffs and to people just now learning about the war,” said Dr. Jim McWilliams, professor of English and co-coordinator of the exhibition. “I especially hope that teachers will schedule field trips with their students to tour the exhibition.

“Civil War 150” is a traveling panel exhibition that was developed by the Gilder Lehrman Institute of American History in partnership with The Library of America and made possible through a grant from the National Endowment for the Humanities. Stoxen Library, a winner of this competitive, prestigious grant, is one of only 50 sites nationwide and the only site in North Dakota selected to host the exhibition.

“We are very excited to have been chosen as the North Dakota site to host this exhibition,” said Rita Ennen, director of the Stoxen Library and co-coordinator of the exhibition. “The use of primary source documents, such as letters and photographs, conveys an intimate feeling as we experience the war through the eyes and ears of those who lived it.”

In addition to the “Civil War 150” exhibition, library guests also can peruse displays of items from Stoxen’s collection of Civil War materials, which includes an impressive collection donated by the estate of historian James D. MacNair, as well as the Civil War era Army artifacts in the Aleck Dvirnak collection.

To further explore the Civil War era, a series of events will be held at DSU during the month of January. All events are free and open to the public.

• Jan. 6, 3-7 p.m., Stoxen Library, exhibition grand opening hosted by Stoxen Library Director Rita Ennen. Refreshments will be served.
• Jan. 15. 7 p.m., Beck Auditorium, Klinefelter Hall. Professor of English Dr. Jim McWilliams will give a presentation about the roles two famous writers played in the Civil War entitled “Mark Twain & Ambrose Bierce in the Civil War.”
• Jan. 22, 12 noon, Stoxen Library. The DSU History Society members will give a presentation about their trip to Gettysburg.
• Jan. 22, 7 p.m., Beck Auditorium, Klinefelter Hall. Assistant Professor of History Dr. Frank Varney will give a lecture about the impact of the war on American society entitled “The American Civil War: Defining a Nation.”
• Jan. 28, 7 p.m., Beck Auditorium. Assistant Professor of Music Dr. Jimmy Leach will lead the DSU music faculty in a recital entitled “Spirituals, Ballads, and Patriotic Music from the Civil War.”
• Jan. 29, Beck Auditorium, Klinefelter Hall. Dr. Varney will host a screening of the documentary “Love and Valor: One Couple’s Intimate War Letters.”

“We hope that through the exhibition and related programming, visitors will explore the meaning of the Civil War in new and more personal ways,” Ennen said.

For more information about the exhibit or its associated programming, contact Rita Ennen at (701) 483-2883 or Jim McWilliams at (701) 483-2145.

Industrial Commission considers new rules to protect areas of "extraordinary significance"

By DAVE THOMPSON

The state Industrial Commission is looking at proposed new rules dealing with oil activity in certain areas of North Dakota.

Attorney General Wayne Stenehjem has proposed the rules – to cover drilling in what he called places of extraordinary significance – such as the Killdeer Mountain Battlefield, the Little Missouri Grasslands and the Elkhorn Ranch. Stenehjem told his Industrial Commission colleagues – this will NOT prohibit oil exploration in those areas – but it asks the companies to have a “mitigation plan.”

The state Industrial Commission is looking at proposed new rules dealing with oil activity in certain areas of North Dakota.

Attorney General Wayne Stenehjem has proposed the rules – to cover drilling in what he called places of extraordinary significance – such as the Killdeer Mountain Battlefield, the Little Missouri Grasslands and the Elkhorn Ranch. Stenehjem told his Industrial Commission colleagues – this will not prohibit oil exploration in those areas – but it asks the companies to have a “mitigation plan.”

"What are they going to do in those areas to provide for a reduction -- as much as possible -- of any impact?" Stenehjem told his colleagues.

The proposed rules also allows for more public comment before wells are drilled in those sensitive areas.

"This process gives everybody a right to a say, but it doesn't give everybody a right to their way," said Stenehjem.

Gov. Jack Dalrymple chairs the Industrial Commission. He says to this point, he thinks the Commission has done a good job of being sensitive to those areas.

"I think you do point out a flaw in the process," Dalrymple told Stenehjem. "The lack of a formalized way to gather public input is probably correct.

"It's a good start," said Jim Fuglie. The fomer state Democratic NPL party chairman has been critical of plans to drill near the Killdeer Mountains and near Bullion Butte in Billings County. Fuglie says it appears the Industrial Commission will be more attuned to concerns raised by residents in those impacted areas.

"If someone looked at every one of the 3000 drilling permits issued in 2013, to see if there's one in some wildlife habitat, where the wellsite could be moved a half mile to allow mule deer a place to make love and create more mule deer," said Fuglie. "That's the kind of scrutiny that has not happened."

Meanwhile, a spokesman for the oil industry says while the industry agrees with many of the new rules, it has concerns about balancing public input with rights of private landowners and mineral rights holders.

"I happen to live in Bismarck, and my back yard is close to a theatre and a little park," said North Dakota Petroleum Council President Ron Ness. "I put a chain link fence up there. Should someone have been able to tell me the chain link fence really doesn't fit?"

The Commission will be holding another meeting to see if it wants to adopt Stenehjem’s proposal. If it does – it would also have to go through the Legislature’s Administrative Rules committee before final adoption.

Enlarge image

Credit Dave Thompson / Prairie Public

Members of the North Dakota Industrial Commission briefed on proposed new rules for oil drilling in areas of "extraordinary significance."

Industrial Commission of ND Meeting on Places of Extraordinary Signficance

AGENDA

Industrial Commission of North Dakota

 including a Joint Meeting with the 

Housing Finance Agency Advisory Board 

Thursday, December 19, 2013

9:00 a.m. – Harvest Room & Governor's Conference Room

I.   North Dakota Department of Mineral Resources Business – Lynn Helms
A.  Consideration of Order 23935  issued in Case 15773 in response to a petition for 
reconsideration of Order 18028  (Attachment 1)
B.  Consideration of orders for the following cases which were heard on October 24 and
November 20, 2013 : (Attachment 1a)
Case 20800, Order 23106 – request for two 1440 acre spacing units
Case 21158, Order 23462 - request for use of double wall open tank receptacles for storage of
produced water – exception to NDAC §43-02-03-19.3
Case 21219, Order 23523 – creation of two 1280 acre spacing units
C.  Consideration of Case 20853, Order 23159 heard on October 1, 2013 - Amendments to
Administrative Rules (Attachment 2)
D.  Consideration of proposed rules relating to general drilling permit consideration; designation 
of places of extraordinary significance; and additional requirements for permitting in places of 
extraordinary significance.  – Attorney General Stenehjem (Attachment 3)
E.  Other North Dakota Department of Mineral Resources business

(approximately 10:05 a.m.)
II.  North Dakota Pipeline Authority Business – Justin Kringstad
A.   Presentation of 2013 Annual Report and Financial Report (Attachments 4 & 5) B.   Other North
Dakota Pipeline Authority business

*******Meeting will break to relocate to the Governor’s Conference Room*******

(approximately 10:10 a.m.)
III.  Lignite Research, Development & Marketing Program Business – Jason Bohrer, Mike Jones
(by phone)
A.  Presentation of comments being presented on December 19, 2013 to the Minnesota Public Utilities
Commission in the Matter of the Investigation into Environmental and Socioeconomic Costs Under
Minn. Stat. §216B.2422, subd.3.– Attorney General Stenehjem (Attachment 6)
B.  Presentation of Lignite Research Fund Financial Report– Karlene Fine (Attachment 7)

Industrial Commission Meeting
Page 2
December 19, 2013

C.  Consideration of the Lignite Research Council’s recommendations regarding the following Grant
Round 76 applications:
1.   “Investigating the Use of Fly Ash and Nanomaterials for Sustainable Concrete Infrastructure”;
Submitted by University of North Dakota Department of Civil Engineering; Request for $14,559 (Small
Research); Total Project Costs $60,642; Project Duration 14 months (Attachment 8)
2.   “Continuation of Underground Coal Gasification Study in Western North Dakota”; Submitted by
University of North Dakota Institute for Energy Studies; Request for $299,958 (Demonstration);
Total Project Costs $719,958; Project Duration 18 months (Attachment 9)
3.   “Alstom’s Chemical Looping Combustion Technology with CO2 Capture for
North Dakota Lignite Utilization”; Submitted by Alstom Power Inc.; Request for
$500,000 (Demonstration); Total Project Costs $10,489,821; Project Duration 36 months (Attachment
10)

*****Consideration of a motion to close the Industrial Commission meeting pursuant to North Dakota
Century Code 54-17.5-06 to consider the following agenda item regarding a project that has
previously been determined to be confidential******

D.  Update by American Lignite Energy, LLC regarding their project “Lignite Vision 21
Project Coal-to-Liquids Plant McLean County, North Dakota” – Carroll Dewing, David
Straley


**********Meeting returns to open session*******

E.  Consideration of a request from American Lignite Energy, LLC for an amendment to Contract
FY06-LVII-148 amending the “Decision Date” from December 31, 2013 to December 31, 2014 (Attachment
11)
F.  Other Lignite Research, Development & Marketing Program business

IV.  North Dakota Transmission Authority – Mike Jones
A. Presentation of 2013 Transmission Authority Annual Report and Financial Report
(Attachments 15 & 16)
B. Other Transmission Authority business

(approximately 10:45 a.m.)
V.  North Dakota State Mill Business – Vance Taylor (by phone)
A.  Consideration of request to increase FY 2014 Capital Project – K-Mill Capacity Increase – Phase
3 by $800,000 bringing total project costs to $3,900,000. (Attachment 17)
B.  Other North Dakota State Mill business

(approximately 10:55 a.m.)
VI. Bank of North Dakota Business – Eric Hardmeyer
A.   Presentation of the following audits – Eide Bailly

Industrial Commission Meeting
Page 3
December 19, 2013

1.   PACE Audit – June 30, 2013 (Attachment 18)
2.   Ag PACE Audit – June 30, 2013 (Attachment 19)
3.   Rebuilders Loan Program Audit – June 30, 2013 (Attachment 20)
B.  Consideration of amendments to School Eligibility for DEAL Loan Policy
(Attachment 21)
C.  Consideration of amendments to Funds Management Policy (Attachment 22)
D.  Presentation of nonconfidential Bank of North Dakota Advisory Board October 17, 2013 meeting
minutes (Attachment 23)
E.  Other Bank of North Dakota business

******Meeting closed pursuant to N.D.C.C. 6-09-35 to discuss items listed below on the agenda under
Bank of North Dakota Confidential Business********

VII.  Bank of North Dakota Confidential Business – Eric Hardmeyer
A.  Consideration of Bank of North Dakota loan application (Attachment 24) B.  Problem Loan Update
C.  Presentation of confidential Bank of North Dakota Advisory Board October 17, 2013 meeting
minutes (Attachment 25)
D.  Other Bank of North Dakota confidential (as defined under N.D.C.C. 6-09-35) business

***************Meeting returns to open session******************

(approximately 11:40 a.m.)
VIII. Western Area Water Supply Authority business – Jaret Wirtz (by phone) & Karlene Fine A.
Presentation of Western Area Water Supply Authority monthly report (Attachment 26) B.  Other WAWSA
business

(approximately 11:50 a.m.)
IX.   Joint meeting with the North Dakota Housing Finance Agency Advisory Board on North
Dakota Housing Finance Agency Business – Jolene Kline
A.  Presentation of the Housing Finance Agency Advisory Board Vice-Chairman’s Annual
Report – Ron Jordan (Attachment 27)
B.  Presentation of the Housing Finance Agency’s Fiscal Year 2013 Audit – Brady Martz
(Attachment 28 )
C.  Presentation of the Housing Incentive Fund Fiscal Year 2013 Audit – Brady Martz
(Attachment 29)
D.  Consideration of the Housing Finance Agency Advisory Board’s recommendation for the Agency to
enter into a contract with Fannie Mae to offer the HFA Preferred Risk Sharing Program (Attachment
30)
E.  Consideration of the Housing Finance Agency Advisory Board’s recommendation to rescind the
Reserve Funds Order Policy (Attachment 31)
F.  Consideration of the Housing Finance Agency Advisory Board’s recommendation to approve the
Agency’s SWAP Management and Executive Policy (Attachment 32)
Industrial Commission Meeting
Page 4
December 19, 2013
G.  Consideration of the Home Mortgage Finance Program 2014 General Authorization
Resolution (Attachment 33)
H.  Consideration of the North Dakota Industrial Commission’s Executive Director recommendation
regarding the appointment of the North Dakota Housing Finance Agency Executive Director (Attachment
34)
I.   Other North Dakota Housing Finance Agency business

(approximately 12:20 p.m.)
X.  North Dakota Outdoor Heritage Fund business – Karlene Fine
A.  Update on Outdoor Heritage Fund Grant Round applications. (Attachment 35) B.  Other Outdoor
Heritage Fund business

(approximately 12:25 p.m.)
XI. Administrative Business – Karlene Fine
A.  Consideration of transfers from Industrial Commission agencies/programs for the
2013-2015 biennium for the Administrative Office operations (Attachment 36)
B.  Other Industrial Commission Administrative business

XII. Other Industrial Commission Business/Adjournment

Bold items require Industrial Commission action
Any person who requires an auxiliary aid or service must contact or notify the Industrial
Commission
Office at 328-3722 at least three (3) working days prior to the scheduled meeting.

http://www.nd.gov/ndic/ic-press/magenda.pdf

Battle Lines vs. Power Lines: Part 3

Battle Lines vs. Power Lines: Part 3

Posted: Nov 14, 2013 6:40 PM CSTUpdated: Nov 14, 2013 9:08 PM CST

KMOT.COM - Minot, ND - News, Weather, Sports

It was here on the Killdeer Battlefield that a U.S. military force commanded by General Alfred Sully attacked several groups of the Dakota, Nakota, and Lakota Sioux nations. And it is also the site Professor Tom Isern has chosen for a historical study.

"Killdeer Mountain was chosen because it is the climactic engagement of the Dakota War. I commonly refer to it as the Gettysburg of the plains. Not because of the numbers involved but because of the fate of the sovereign nations are in the battles in this fall day in 1864," says Isern.

Isern says that the growth in North Dakota prompted the study.

"With the rapid pace of development in Western North Dakota there's a sense that we should get a handle on what went down on this battlefield. It's money to figure out what happened where."

The study will be conducted in two parts, starting with looking at historical documents.

"Mostly it's a historical study with historical documents that go all the way back to commanders reports and enlisted men's diaries. And at some point we will ask permission to go on the ground as much as we can and look around. And try and figure out what people would have done in this place given what we know from the documents," says Isern. 

Isern says he thinks that Basin Electric and the historical study can co-exist, but it could mean moving the transmission line. 

"I don't question the need for energy infrastructure in Western North Dakota. The route now specified runs right across the most historic site in all of North America. And that might be a matter of debate I believe it is. But I'm not sure it needs to go exactly in that place."




http://www.kmot.com/story/23974882/battle-lines-vs-power-lines-part-3

Battle Lines vs. Power Lines: Part 2

Battle Lines vs. Power Lines: Part 2
Posted: Nov 13, 2013 11:03 AM CSTUpdated: Nov 13, 2013 3:22 PM CST

By Mary Cate Mannion - email

KMOT.COM - Minot, ND - News, Weather, Sports

As Northwest North Dakota  continues to grow and develop the need for electricity grows exponentially.

"Having the transmission line like this gives us the ability to provide stability to the transmission system that is already in place," says Daryl Hill, Basin Electric.

By 2025 Basin Electric predicts its power demand will increase by 30 percent. To help meet the demand Basin electric has proposed a transmission line that they're calling the "AVS to Neset line," in a place which is lacking infrastructure.

"The infrastructure needs all three. The generation but still you have to have the ability to bring in other sources and that's what this transmission line will do. By bringing power from an existing resource that has the capacity up to an area that needs that," says Hill.

Now the 200-mile proposed transmission line will run 18 miles west of Killdeer up to Williston but it will all start here at the Antelope Valley Station.

Antelope Valley Station outside of Beulah is a coal burning power plant, with the ability and power to add another transmission line. Something Basin Electric has been planning for years.

"We started analyzing this transmission line in 2011. The study application was submitted in
early 2013, 2 years after we had already announced this and well after public announcements had been made about the line in terms of environmental impact statement," says Hill.

But now Professor Tom Isern at North Dakota state University announced a historic study of the Killdeer Battlefield that could interfere with 8 miles of Basin's proposed corridor.

"Really we didn't hear about that study until virtually days before the Public Service Commission had their public meetings scheduled on this line," says Hill.

Despite being surprised by the study, Basin Electric says it has already gained seven and a half miles of easements of the eight that are within the study area, which Public Service Commissioner Brian Kalk says is a positive.

"Every project we do whether it's a power line or a pipeline one of the questions I always ask percentage of easements they have. We aren't involved in easements at all but it's a nice way to gauge of how it is being received in the community," says Kalk.

And Hill says Basin Electric is more than willing to work with the various state and federal agencies involved in the permitting process.

"We have an obligation to serve. We have an obligation to get power up into that area so that the whole system doesn't go dark. Because nobody wins if northwest north Dakota is without power," says Hill.

The PSC has completed their hearings, but are still waiting on information that they requested from the Game and Fish Department, and the Historical society. Basin electric is also waiting on information from the Federal Government on an environmental impact study, and are hoping to start construction in 2014. 

http://www.kmot.com/story/23957863/battle-lines-vs-power-lines

Battle Lines vs Power Lines: Part 1

Battle Lines vs Power Lines: Part 1

Posted: Nov 12, 2013 5:43 PM CSTUpdated: Nov 12, 2013 5:43 PM CST

By Mary Cate Mannion - email

KUMV.COM - Williston, ND - News, Weather, Sports

It was here on July 28, 1864, that a U.S. military force commanded by General Alfred Sully attacked several groups of the Dakota, Nakota, and Lakota Sioux nations camped at this location. The number of fatalities is not known, but the loss to Native American culture is profound.

It was once the site of a historic battle. But today, the Killdeer battlefield is at the center of a new dispute.

As western North Dakota continues to grow, the need for electricity grows with it. Basin Electric Co-Op has proposals to build a transmission line that will run through an area where some of the fighting took place.

"For generations the Dvirnacks have kept this site," says Craig Dvirnack.

Craig and Rhonda Dvirnack's ranch surround the 1 acre historical site that belongs to the state of North Dakota.

"When my grandfather sold his wheat crop in the fall of 1928 he made a down payment on this ranch. And so it's been in our family since...since then," says Craig.

Over the years the couple have extensively researched the battles that took place along the proposed route.

"It will go through an area where there was fighting that did take place, but it does not go through the state historic site," says Craig.

"We are on section 33, so you can see that the transmission line is over a half mile south of us," says Rhonda. 

Rhonda and Craig believe that energy development can coexist with this historic site.

"I'm for it. You have the communities along the way that this transmission line would supply power to. How can you tell these communities that you can't build a hospital, you can't build a school, you can't build houses or apartments to grow for all the influx of people. How can you tell them you can't provide power for them?" says Craig.

While the Dvirnacks support the transmission line the couple questions a historical study awarded to Professor Tom Isern at the NDSU. Their land, the historic site and the proposed transmission line are part of Isern's study area.

"We don't know what his intentions are to this day because nobody has explained to the landowners out here the ramifications if this study would happen," says Craig.

The Dvirnacks say they have not been contacted by any member of the research team, and that they will continue to support preserving the historic site, and the construction of the transmission line.

http://www.kumv.com/story/23950157/transmissin-killdeer

Published November 11, 2013, 10:41 AM

ND officials debate need for list of ‘special places’ to be protected

FARGO, N.D. — A divided North Dakota Industrial Commission soon will decide whether to designate special places subject to development restrictions to protect them from oil drilling or other development.

By: Patrick Springer, Forum News Service

FARGO, N.D. — A divided North Dakota Industrial Commission soon will decide whether to designate special places subject to development restrictions to protect them from oil drilling or other development.

The commission has discussed the possibility of a list of special sites for half a year, and Gov. Jack Dalrymple proposed more than 40 candidate sites on a tour in late August.

Spots include Little Missouri State Park, where Dalrymple made his announcement, Killdeer Mountain, roadless areas in the Little Missouri National Grasslands and the units of Theodore Roosevelt National Park.

Attorney General Wayne Stenehjem also is compiling a list and formulating a policy for “extraordinary places” that also will include the Little Missouri River as it winds through the western North Dakota Badlands.

Stenehjem planned to present his proposal to his fellow Industrial Commission members at the group’s Nov. 18 meeting, but he told The Forum of Fargo-Moorhead’s editorial board last week that it’s more likely that he will do so at the meeting slated for Dec. 19.

“There’s a lot of beautiful areas out there,” Stenehjem said, adding that the commission, which approves drilling permits, already imposes restrictions to try to minimize impacts.

However, he said, a formal procedure has been lacking, with decisions made on a case-by-case basis as the commission reviews drilling permits.

“I’m working on a plan I can present,” with requirements spelled out in administrative rules that, if passed under emergency provisions, could take effect early next year, Stenehjem said.

Public hearings and opportunities for public comment are included in the rule-making process, he said. Some conservation advocates have complained that the process of designating special places so far has not been open to public participation.

Restrictions could include requiring wells to be located a long distance from special places – say, two miles – or requiring pipe placement to avoid flaring natural gas, he said.

“Just a whole lot of things can be done,” Stenehjem said.

The attorney general said he has met informally with representatives of the oil industry as well as conservation groups to ensure support for his proposal.

In reviewing permits, the commission must balance the rights of mineral holders against the duty to protect landscapes, and must let the public be heard, Stenehjem said.

Devising a list of special places and procedures for developing around the sites would provide the industry greater clarity about how to proceed in certain areas, he said.

“I think industry might be happy if they know what that area is,” he added.

As an example, he said the commission required XTO to drill a well two miles from the Elkhorn Ranch, a unit of Theodore Roosevelt National Park and a ranch home of the great conservation president, instead of nearby, as the company originally proposed.

“I knew we were never going to put a well on the Elkhorn Ranch,” Stenehjem said.

Besides the Elkhorn Ranch and Little Missouri River, Stenehjem mentioned Killdeer Mountain and battlefield sites, Bullion Butte, and the national and state parks.

The lists Dalrymple and Stenehjem are contemplating appear to have a lot of overlaps, but the third member of the industrial commission, Agriculture Commissioner Doug Goehring, said he is not in favor of such lists.

“When you talk about special places, I would consider all of North Dakota special,” Goehring said. “It’s going to be case by case because every site’s unique,” he added, referring to the review of drilling permits.

“I would say we’re doing a good job of doing that, making sure there are stipulations that it’s developed in a responsible manner,” Goehring said, including reclamation requirements for wells and tank clusters.

Goehring has compiled a list of permits that have been issued with stipulations or were rejected, including a running total of the number of acres involved.

Over the past year, 2,741 permits were submitted to the Industrial Commission involving development of about 3.5 million mineral acres.

Of that total, 268 permits involved an “area of concern,” totaling about 343,000 acres.

Thirty-five of those permits, involving 45,000 acres, were rejected. Well placements on another 49 permits encompassing 63,000 acres were modified due to concerns about topography, erosion, watershed or soils.

In a final category, 463 permits affecting 560,000 mineral acres were approved with stipulations, such as shallow aquifer or surface water protection.

“Beauty is in the eye of the beholder,” Goehring said. “A lot of things I think are beautiful, people pooh-pooh,” including farm fields.

Goehring said he is concerned that if certain places are designated as special, restrictions on agricultural land eventually could result.

“Because there’s people there who would like to see us go back to buffalo commons,” Goehring said, referring to a prediction 20 years ago that vast tracts of the Great Plains would revert to sprawling rangeland for wild game, including buffalo.

- See more at: http://www.prairiebizmag.com/event/article/id/16715/group/Economic%20Development/#sthash.mhLxLGM9.dpuf

Published October 26, 2013, 11:20 PM

Stenehjem says he'll release list of 'extraordinary places' for protection from energy development soon

BISMARCK – North Dakota Attorney General Wayne Stenehjem has been meeting with people behind the scenes to compile a list of what he calls “extraordinary places” that deserve protection from energy development and other impacts, drawing criticism from a former Democratic Party leader who believes the discussions should be held publicly. By: Mike Nowatzki, INFORUM

• Killdeer Mountains

An oil pump works near Killdeer, N.D., with the Killdeer Mountains in the background. The Killdeer Mountain battlefield and wildlife management area is one of the places Attorney General Wayne Stenehjem said he’d consider for protection from energy development. John Steiner / Forum News Service

BISMARCK – North Dakota Attorney General Wayne Stenehjem has been meeting with people behind the scenes to compile a list of what he calls “extraordinary places” that deserve protection from energy development and other impacts, drawing criticism from a former Democratic Party leader who believes the discussions should be held publicly.
Stenehjem said he has sought input from a variety of people and hopes to have the list ready for the state Industrial Commission, which grants oil drilling permits, for consideration at its Nov. 18 meeting.
“I think there’s a view that we need to do more to assure the public that we’re protecting some of those pristine areas,” said Stenehjem, who sits on the commission with Gov. Jack Dalrymple and Agriculture Commissioner Doug Goehring. “And we do a lot of that now, but it’s not on a formal basis.”
Stenehjem first proposed such a list at a commission meeting in January. The idea gained steam after a public uproar in March when news broke that an oil company had staked out a site near the entrance to the historic Elkhorn Ranch in Theodore Roosevelt National Park.
The company, XTO Energy, withdrew its permit application, and on Tuesday the Industrial Commission approved a new permit for XTO that will keep drilling activity about two miles away from the Elkhorn Ranch entrance.
Stenehjem said an oil rig right next to Elkhorn Ranch “was never going to happen,” and he hopes the new list will assure the public that such places will be protected. While the list isn’t finalized, some of the places Stenehjem said he’d like to consider for protection are Bullion Butte, Killdeer Mountain battlefield and wildlife management area, Elkhorn Ranch, White Butte and Little Missouri River State Park.
All of those places were included in a list of about 40 areas of historical, cultural or biological interest that was compiled from various sources earlier this year. It didn’t receive any official designation from the Industrial Commission, but it provided a list of places for commissioners to tour, which they decided to do individually because of their schedules.
To help him compile his own list, Stenehjem has held two meetings in his conference room with what he describes as “kind of an informal grouping,” adding, “I’ve had lots of other meetings just with other individuals.”
Jim Fuglie, a former executive director of the state Democratic-NPL Party who now writes “The Prairie Blog,” has criticized Stenehjem in recent blog posts, referring to the group as a “secret task force” holding “secret meetings.” He questioned whether the state’s open meetings laws are being followed. Fuglie did not return a phone message left at his home Thursday.
Stenehjem said he organized the group and meetings by himself, and the Industrial Commission didn’t delegate authority to him to do so.
“If it were delegated by the Industrial Commission, then of course it would likely be an open meeting,” he said. “But this is just me using people whose judgment and knowledge I respect to offer suggestions.”
Jack McDonald, a lawyer for the North Dakota Newspaper Association, said there must be direction given or an act of creation by the governing body to make it a task force subject to open meetings.
“Of anybody in state government, (Stenehjem) has been so hyper about open meetings and stuff and so vigilant … I just can’t imagine that he’s deliberately violating the law,” McDonald said.
Stenehjem said that after his list is compiled and presented to the Industrial Commission, the idea is to develop a policy and rulemaking process for protecting the extraordinary places.
He said the rules to be considered for development in those areas might include requiring an impact mitigation plan; prohibiting the flaring of natural gas or requiring that pipelines for capturing it already be in place before drilling begins; setback requirements; or painting oil pumps to camouflage them.
While the commission wants to protect the state’s special places, Stenehjem said he’s not talking about an outright ban on energy development.
“Private people own those minerals, and they have a legal right, a constitutional right, to have them developed, and so we have to respect that,” he said. “But at the same time, we also have an obligation to the citizens of North Dakota and the future to make sure that everybody is comfortable that we’re doing what we can to protect these areas as much as possible.”
The concept also will entail a process for public comment on proposed developments “at a meaningful time,” he said.

---

Readers can reach Forum News Service reporter Mike Nowatzki at (701) 255-5607 or by email at mnowatzki@forumcomm.com.

http://www.inforum.com/event/article/id/416557/group/News/

Published October 27, 2013, 03:20 PM

N.D. Attorney General says list of 'extraordinary places' for protection coming soon

North Dakota Attorney General Wayne Stenehjem has been meeting with people behind the scenes to compile a list of what he calls “extraordinary places” that deserve protection from energy development and other impacts, drawing criticism from a former Democratic Party leader who believes the discussions should be held publicly. By: Mike Nowatzki, Forum News Service

• Elkhorn Ranch site in the badlands of North Dakota

In this May 4, 2012 file photo provided by the National Park Service shows the Elkhorn Ranch site in the badlands of North Dakota, where Theodore Roosevelt retreated to raise cattle following the deaths of his wife and mother in 1884. A Montana businessman who signed an agreement with the U.S. Forest Service to work out an exchange for other federal land or mineral rights at a different location, said Friday, Sept. 13, 2013, that nothing has been done so he's moving forward with his original plan to mine gravel hear the Roosevelt site. (AP Photo/National Park Service, Valerie J. Naylor, File)

BISMARCK – North Dakota Attorney General Wayne Stenehjem has been meeting with people behind the scenes to compile a list of what he calls “extraordinary places” that deserve protection from energy development and other impacts, drawing criticism from a former Democratic Party leader who believes the discussions should be held publicly.
Stenehjem said he has sought input from a variety of people and hopes to have the list ready for the state’s Industrial Commission, which grants oil drilling permits, for consideration at its Nov. 18 meeting.
“I think there’s a view that we need to do more to assure the public that we’re protecting some of those pristine areas,” said Stenehjem, who sits on the commission with Gov. Jack Dalrymple and Agriculture Commissioner Doug Goehring. “And we do a lot of that now, but it’s not on a formal basis.”
Stenehjem first proposed such as list at a commission meeting in January. The idea gained steam after a public uproar in March when news broke that an oil company had staked out a site near the entrance to the historic Elkhorn Ranch in Theodore Roosevelt National Park.
The company, XTO Energy, withdrew its permit application, and on Tuesday the Industrial Commission approved a new permit for XTO that will keep drilling activity about two miles away from the Elkhorn Ranch entrance.
Stenehjem said an oil rig right next to Elkhorn Ranch “was never going to happen,” and he hopes the new list will assure the public that such places will be protected. While the list isn’t finalized, some of the places Stenehjem said he’d like to consider for protection are Bullion Butte, Killdeer Mountain battlefield and wildlife management area, Elkhorn Ranch, White Butte and Little Missouri River State Park.
All of those places were included in a list of about 40 areas of historical, cultural or biological interest that was compiled from various sources earlier this year. It didn’t receive any official designation from the Industrial Commission, but it provided a list of places for commissioners to tour, which they decided to do individually because of their schedules.
To help him compile his own list, Stenehjem has held two meetings in his conference room with what he describes as “kind of an informal grouping,” adding, “I’ve had lots of other meetings just with other individuals.”
Jim Fuglie, a former executive director of the state Democratic-NPL Party who now writes “The Prairie Blog,” has criticized Stenehjem in recent blog posts, referring to the group as a “secret task force” holding “secret meetings” and questioning whether the state’s open meetings laws are being followed. Fuglie did not return a phone message left at his home Thursday.
Stenehjem said he organized the group and meetings by himself, and the Industrial Commission didn’t delegate authority to him to do so.
“If it were delegated by the Industrial Commission, then of course it would likely be an open meeting,” he said. “But this is just me using people whose judgment and knowledge I respect to offer suggestions.”
Jack McDonald, a lawyer for the North Dakota Newspaper Association, said there must be direction given or an act of creation by the governing body to make it a task force subject to open meetings.
“Of anybody in state government, (Stenehjem) has been so hyper about open meetings and stuff and so vigilant … I just can’t imagine that he’s deliberately violating the law,” McDonald said.
Stenehjem said that after his list is compiled and presented to the Industrial Commission, the idea is to develop a policy and rulemaking process for protecting the extraordinary places.
He said the rules to be considered for development in those areas might include requiring an impact mitigation plan; prohibiting the flaring of natural gas or requiring that pipelines for capturing it already be in place before drilling begins; setback requirements; or painting oil pumps to camouflage them.
While the commission wants to protect the state’s special places, Stenehjem said he’s not talking about an outright ban on energy development.
“Private people own those minerals, and they have a legal right, a constitutional right, to have them developed, and so we have to respect that,” he said. “But at the same time, we also have an obligation to the citizens of North Dakota and the future to make sure that everybody is comfortable that we’re doing what we can to protect these areas as much as possible.”
The concept also will entail a process for public comment on proposed developments “at a meaningful time,” he said.
Among those who have participated in meetings with Attorney General Wayne Stenehjem to provide input for a list of “extraordinary places” are:
• Ron Anderson, chairman of the McKenzie County Commission
• Scott Davis, executive director of the state’s Indian Affairs Commission
• Daryl Dukart, a Dunn County commissioner
• Assistant Attorney General Hope Hogan
• Gene Jackson, a Dickinson City commissioner and president of Kadrmas, Lee & Jackson
• Clay Jenkinson, an author and humanities scholar
• Ron Ness, president of the North Dakota Petroleum Council
• Assistant Attorney General Matthew Sagsveen
• Murray Sagsveen, a Bismarck attorney and former assistant attorney general
• Keith Trego, executive director of the North Dakota Natural Resources Trust

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Readers can reach Forum News Service reporter Mike Nowatzki at (701) 255-5607 or by email at mnowatzki@forumcomm.com.

http://www.grandforksherald.com/event/article/id/276743/

More transmission comes to the Williston Basin

Kathleen Wolf Davis | Oct 27, 2013

 

By Mary Miller

Distribution success stories are everywhere in industry magazines these days. Transmission stories are harder to come by because they are fewer and farther between.
Basin Electric, however, is working to change that with a new proposed 345-kilovolt (kV) transmission project in North Dakota. The proposed line will run approximately 200 miles from Antelope Valley Station (AVS) near Beulah, ND to the Neset 345-kV Substation near Tioga, ND.
Basin Electric has identified the need for additional electric transmission capacity in northwestern North Dakota as a result of increased demand and to meet reliability and system stability requirements for the region. Investigations and analyses conducted for the overall power delivery systems found that without improvements, the flow of power along existing lines may result in local line overloads, especially in the vicinity of Williston, ND.The proposed line (and associated supporting infrastructure) should solve this issue.
The entire project will consist of constructing approximately 200 miles of new single circuit 345-kV and double circuit 345/115-kV transmission lines, the construction of two new substations, modifications to three existing substations, river crossings, temporary construction staging sites, and other facilities. The project would connect to the Integrated System at several locations, including Western Area Power Administration's Williston Substation. The proposed project would be located in portions of Dunn, McKenzie, Mercer, Mountrail, and Williams counties in western North Dakota.
The AVS-to-Neset 345-kV Transmission Project includes three major components: approximately 200 miles of 345-kV transmission line, new substations near Williston and Tioga as well as additions to Basin Electric’s Charlie Creek Substation and Antelope Valley Station Switchyard. The major elements required for transmission lines to be constructed include regulatory approvals, surveying, line design, and right of way.
Both the Rural Utilities Service, acting as the Lead Agency, and Western Area Power Administration, as a Cooperating Agency, are evaluating the 345-kV project through an Environmental Impact Statement (EIS). Approval from the North Dakota Public Service Commission is required to site the project. Both the federal and state processes require public notification and public meetings to gather input into their decision-making processes. Formal notices of the public meetings will be given through newspapers and radio advertisements in the future.
The right of way width will be 150 feet, which is approximately 18.18 acres per mile. The line will consist of mainly single-pole steel structures. Terrain will determine how many structures there will be in a mile, but will likely be five to seven per mile. H-frame structures may be used in areas of high relief. After land values are determined, landowners will be contacted to start the easement acquisition process. Basin Electric staff  are giving landowners ample time to review and comment on the easement location. Payment for the easement will be made as soon as possible or at a later time, if requested by the landowner.
Finally, there has been a lot of discussion in the media and public surrounding a recently announced opportunity for North Dakota State University to study the Killdeer Mountain battlefield and surrounding area and Basin Electric's proposed 345-kV transmission line.
Basin Electric does not wish to take sides in the issue, but does need to move forward with delivering power to member-owners.
Following is information about the transmission line in relation to the battlefield area.

Responsible.
The proposed line does NOT run through the designated historic site. See the map of the proposed study area. Additionally, the land sited in the study area is private property and the landowners are very concerned about the study proposal. They've been very respectful of the area, donating artifacts to local museums.

Careful.
Siting a power line is a tedious, careful process. There are many considerations that must be taken into account. This process takes years to complete as is evident in the timeline.

Respectful.
Basin Electric is very respectful of all interests when it comes to siting this power line in the Killdeer Mountain area. Basin Electric has shown itself to be good citizens in that regard through our past work with other projects. It is possible to develop needed infrastructure while protecting the land, and Basin Electric stands by a long record of responsible development.

Click this link to visit an infographic with more information or read more here.

Miller is Basin Electric’s manager of communications. Basin Electric Power Cooperative (Basin Electric) is one of the largest electric generation and transmission (G&T) cooperatives in the United States serving 2.8 million customers. Basin Electric is the parent company of eight subsidiaries and is consumer-owned by 137 member cooperative systems. Members' service territories comprise 540,000 square miles in nine states. Basin Electric owns 2,165 miles and maintains 2,250 miles of high-voltage transmission, and owns and maintains equipment in 70 switchyards and 149 telecommunication sites.

Got a utility T&D project you'd like to outline for our e-newsletter audience?  Contact editor-in-chief Kathleen Wolf Davis at kdavis@energycentral.com.

http://www.intelligentutility.com/article/13/10/more-transmission-comes-williston-basin

Of Lists And Secret Meetings

Of Lists And Secret Meetings

Posted on October 15, 2013 by Jim Fuglie

I’m not sure how long Attorney General Wayne Stenehjem intended to keep his secret task force on “places not to put oil wells” a secret, but North Dakota is still a pretty small state, and the North Dakota Capitol is a relatively small building, and it’s pretty hard to keep anything that goes on there a secret.

Stenehjem has appointed a committee of about ten people, including three state employees and two county commissioners, to deal with the issue of “special places” in the Oil Patch, places where he and his fellow Industrial Commission members should give some special consideration as they grant drilling permits to oil companies.

I’ve written about this before. There have been applications for drilling permits beside national parks, inside wildlife management areas and national wildlife refuges, near Indian sacred sites, inside state parks, and in sensitive roadless areas. Some have been granted, some have been withdrawn, but I can’t remember the Industrial Commission ever denying one. To his credit, Wayne has been nervous about all this, and has suggested that a list of “special places” be developed for Industrial Commission members to keep their eyes on.

A couple months ago, the Industrial Commission released a list of nearly 40 places that had been submitted by people who wanted those places protected. The list has shown up in print, but hasn’t been widely discussed. And there has been nothing forthcoming from the Industrial Commission about how they want to use it. Like a lot of government lists, it’s in danger of gathering dust on a shelf and never being heard from again.

Wayne wants to take it further, I guess, so he appointed his own “private task force” to look into the matter. The group had its second meeting yesterday, in the conference room at the Attorney General’s office in the State Capitol building (not a very “private” place). You didn’t read about it in the paper or hear it on the radio or see it on TV, because no one in the media knew about it. That’s the way the Attorney General wanted it. He says the meetings of the group are not subject to the state’s open meetings law. He should know. He’s the top law enforcement officer in North Dakota, and he and his predecessors have been asked hundreds of times to interpret it. Still . . .

Article XI of the North Dakota Constitution says:

Unless otherwise provided by law, all meetings of public or governmental bodies, boards, bureaus, commissions, or agencies of the state or any political subdivision of the state, or organizations or agencies supported in whole or in part by public funds, or expending public funds, shall be open to the public.

            The question of who this law applies to has been asked so many times that the Attorney General has published a “North Dakota Open Meetings Manual.” On page 2 of the manual, the Attorney General answers the question “Who is subject to the open meetings law?” The answer:

“Public or governmental bodies, boards, bureaus, commissions or agencies of the state, including any entity created or recognized by the Constitution of North Dakota, state statute, or executive order of the governor or any task force or working group created by the individual in charge of a state agency or institution, to exercise public authority or perform a governmental function . . .” (emphasis mine)

“’Task force or working group’ means a group of individuals who have been formally appointed and delegated to meet as a group to assist, advise, or act on behalf of the individual in charge of a state agency or institution when a majority of the members of the group are not employees of the agency or institution.” N.D.C.C. § 44-04-17.1(16).” (emphasis mine)

Okay, let’s see now, Wayne has appointed a task force whose members are mostly private citizens, not state employees, to advise him. Does that fit anywhere in that definition, from that manual, do you think?

Well, never mind that. That’s for the real North Dakota media to figure out. They and their lawyer, Jack McDonald can go there if they want to. That’s THEIR job. I’m more concerned about the substance of what Wayne is doing.

No one has told me yet exactly what this group is supposed to do, beyond identifying a list of places where Wayne and his fellow Industrial Commission members should exercise caution. Apparently the list provided earlier isn’t good enough. Perhaps it is too big. Aha, now we might be getting to the heart of things.

First, let’s look at who’s on this task force. I mentioned three state employees earlier, remember? I suppose we might expect the North Dakota Game and Fish Commissioner, the State Parks Director, and the Director of the State Historical Society of North Dakota would be a good place to start then, eh?  Well, we’d be expecting wrong. Because none of them are on it, nor is any one from their agencies. The three agencies in charge of the most important public lands and cultural and natural resources in the state aren’t represented.

Instead, it has an engineer whose firm is one of the biggest players in the Oil Patch, a couple of county commissioners from the Oil Patch, a newspaper columnist and scholar who writes frequently about the energy industry, one natural resources professional, the President of the North Dakota Petroleum Council, and three lawyers, two of whom work for Stenehjem and one who’s retired but spent much of his career as an assistant attorney general. Oh, and the head of the North Dakota Indian Affairs Commission, recognizing that much of the oil industry development is going on in what used to be, or still is, Indian Country. These are the people who are going to compile a list of places chosen for special consideration when drilling permits are requested.

Task force members I talked to today told me that Wayne has assured all of them that they are not in violation of the Open Meetings Law, and they were satisfied with that, including the county commissioners, who are generally very, very careful about that law. They weren’t very clear about what the outcome of all this is going to be though.

What’s most disappointing, I learned, is that they have already been presented a list that is much shorter than the one the Industrial Commission released earlier, and pretty much been told to stick to that list. In my opinion, the earlier list was still too short.

I’m going to give the Attorney General some credit here for taking the lead on this whole issue of “special places.” But his suggestion is starting to ring hollow. It was made way back in May, and now, five months later, it appears a new effort is just getting started, and a shallow effort at that. And this new list is being developed by a group which does not include anyone from the state agencies most concerned with what is going on. I wonder how those agency heads feel about that. Or if they even knew about it before they read this (actually, they didn’t—I called to find out—but they’re scrambling right now to see what is going on).

There is already a list. The State Historical Society, for example, submitted sites to be included. That list has been reviewed by, but not adopted by, the Commission which issues all the drilling permits. In the absence of any formal structure to carefully check on where all these new wells are going to be, the Commission is issuing hundreds of drilling permits every month. It would be so easy to take the list compiled earlier, update it to include all the state and federal wildlife areas, have the three state agency heads review it, adopt it, and then develop a database of legal descriptions of all those places and run the drilling permit requests, all of which have legal descriptions, against that list and give special consideration—at least discuss—those which make a computer match. And, as I suggested last month, STOP ISSUING DRILLING PERMITS UNTIL THAT IS DONE. At least then we would know when places we are all concerned about are going to get an oil well. But you know what? I’m really convinced these people just don’t give a shit about what is going on. It’s all about money.

Anyway, it would be good for the Attorney General to do his work in the light of day. I’m going to find out when the next meeting is. I’m going to go. I hope some news media folks will join me. And also people who might be concerned about what’s going to be on this list, and what’s going to happen when it is completed. I’ll let you know when I find out the date.

- See more at: http://theprairieblog.areavoices.com/2013/10/15/of-lists-and-secret-meetings/#sthash.H2LW2nJq.dpuf

Published October 14, 2013, 08:26 AM

Plan for transmission line near Killdeer Mountain battlefield clashes with historical study

KILLDEER, N.D. – The Battle of Killdeer Mountain is regarded as the climactic clash of the Dakota War in Dakota Territory.

By: Patrick Springer, Forum News Service

• Rob Sand

In this Aug. 15 photo, conservationist Rob Sand discusses the Killdeer Mountains and the threats they face from oil. Now, the Killdeer Mountain Alliance is fighting another foe — a proposed power line the group says would go right through the historic Killdeer Mountain Battlefield site. Katherine Lymn/Forum News Service

KILLDEER, N.D. – The Battle of Killdeer Mountain is regarded as the climactic clash of the Dakota War in Dakota Territory.

The battlefield, where blood was spilled July 28, 1864, in a sprawling fight between the Sioux and the U.S. Army, has been called the Gettysburg of the Plains.

Now it’s the site of another clash, as Basin Electric Power Cooperative’s proposal for a transmission line through an area near the battlefield and a planned historical study have collided.

A group of property owners, meanwhile, angry that they haven’t been contacted by the study team for permission to access their land, has served notice that their property will be off limits.

Underlying the tensions is the dramatic increase in demand for electricity in western North Dakota because of the oil boom.

By 2025, Basin Electric predicts its power demand will increase by 1,600 megawatts, a 30 percent increase from the current 5,200-megawatt base load to serve member cooperatives.

To help meet that demand, Basin Electric has proposed a 345-kilovolt transmission line to carry power from its Antelope Valley Station near Beulah to a substation near Tioga.

“Time is not on our side in regards to serving this area,” Basin Electric spokeswoman Mary Robin Miller said, noting the project’s 2016 target completion date. “Demand continues to grow and we need to keep the lights on. There’s tremendous strains on the system.”

Eight miles of the transmission line would run through an area the National Park Service has selected for its Battlefield Protection Program.

The park service announced in July that it awarded a study grant to the Center for Heritage Renewal at North Dakota State University in Fargo.

The focus of the study is to determine “what happened where,” said Tom Isern, a history professor and director of the center.

The 1864 battle involved an attack by a force of 2,200 men led by Gen. Alfred Sully against an encampment of Dakota and Lakota Sioux with about 2,000 warriors and many more noncombatants.

Landowners in the area complain that they have yet to be contacted by the study team about the project, and informed of any possible ramifications that could result if the area is designated for preservation.

Craig Dvirnak, whose ranch surrounds the one-acre Killdeer Mountain Battlefield State Historic Site, said property owners are concerned they might face restrictions if the area is slated for preservation.

“Nobody has explained to us what are the ramifications of this preservation designation they want to hang on us,” Dvirnak said. “That’s plumb negligence.”

Dvirnak said his family has repeatedly granted access to its land when requested, including to descendants of the Dakota and Lakota Sioux who were killed in the conflict and wanted to perform ceremonies for the dead.

Basin Electric notified landowners starting two years ago informing them of the proposed corridor and power line route, Dvirnak said.

Misunderstandings have flared up because the proposed transmission line caught Isern’s study team by surprise, Isern said. Similarly, Basin Electric representatives said they didn’t know about the study until August, well into their transmission line project.

“The whole Basin Electric proposal kind of jump-started things,” Isern said.

Basin Electric has secured easements along 78 percent of its proposed route, including 7½ miles of the eight miles through the historic study area. The line would be less than a mile south of the state historic site.

It’s too early for the historic research team to contact landowners to seek permission for access, Isern said.

“We haven’t even identified who we might want to ask to go on their property,” he said, adding that field work is more than a year in the future.

Before then, researchers must complete a thorough document search to aid their effort to pinpoint where fighting and movement of the combatants took place, Isern said.

Noting that Basin Electric already has secured easements from many landowners in the area, he said a shared economic interest between the power cooperative and landowners paid for easements to cross their land.

News of the study grant was reported in by Forum News Service on July 13, and 10 days later Basin Electric went to the Public Service Commission, which must approve the transmission corridor and route, seeking a waiver of certain procedures and an expedited timeline, Isern said.

“I’m suggesting it’s an interesting coincidence,” he said.

After learning of the historic study area, Basin Electric scrapped plans to build an electrical substation in the area the National Park Service will study to see if it should be considered for federal recognition.

A listing on the National Register of Historic Places can happen only with landowner consent, Isern said, and landowners still can do what they want on their land.

“They can bulldoze any damn thing they’d care to,” Isern said, adding that he is sensitive to property rights as a “fourth-generation prairie farmer.”

A federal review of possible impacts to cultural resources also is underway because Basin Electric would use a federal loan to build the $350 million transmission project.

The real issue, in Isern’s view: “Are we going to spend federal money to destroy the most significant historical site in North Dakota?”

Basin Electric’s Miller said the power cooperative wants to protect cultural resources. It has agreed to additional ground studies along its route.

“It calls for collaboration among all parties and cooperation,” she said.

The State Historic Society of North Dakota and its State Historic Preservation Office said the project remains under review, with findings expected late this year or early next year.

“Basically, additional information is being collected,” said Paul Picha, the state’s chief archeologist, who is involved in historic preservation. “It will be analyzed and reported.”

The state is seeking more information, including possible visual effects from the transmission line towers.

For his part, Dvirnak said the biggest “eyesore” visible from the top of Killdeer Mountain comes from industrial parks north of the town of Killdeer, six or seven miles to the southeast.

Dvirnak, who said his family supports preservation of historic artifacts and sites, said the area has long been impacted by roads, farmsteads, oil wells and power lines.

- See more at: http://www.prairiebizmag.com/event/article/id/16362/#sthash.Xn4fyXR2.dpuf

Published October 12, 2013, 11:40 PM

Forum editorial: ND stands at outdoor crossroad

Hunters report loss, disruption of habitat.

North Dakota is at a crossroad. The direction the state takes might have as momentous and lasting impact as the great trends that shaped the state from the beginning: agriculture, drought, energy and more recently a diversifying urban economy. Decisions – private and public – made today regarding land and water stewardship will have ramifications for generations to come. If the drivers of the state’s early 21st-century economy continue to erode the conservation, environment and outdoor ethic that makes the state unique, the damage to traditional values and cherished heritage will be irreversible.
Signs are clear. As hunting season gears up, hunters report significant changes: game numbers down; habitat lost; roads where there never were roads; truck traffic driving more sensitive game species off the range on which they’ve thrived for decades.
Carefully worded statements from the state Game & Fish Department euphemistically cite “development impacts” as among factors in the decline of game numbers and the loss of habitat and available hunting acres. They mean, of course, oil and gas activity.
On the farm, ditching, draining and tiling have accelerated to a pace never before seen in the state. Water once held on the land in sloughs and coulees as habitat and water recharge now siphons quickly into ditches and rivers. Regulation and permitting are laughable. Flooding is aggravated.
Mature shelterbelts and the habitat and soil protection they provide are being bulldozed without regard to why they were planted. Conservation Reserve Program acres are going under the plow at rapid rates – another significant loss of habitat and soil and water conservation. Game and nongame animals that have done so well because of CRP in the past 30 years disappear, too. Game and fish surveys confirm it.
The individual trends comprise profound mega-change on the landscape. Depending on perspectives and perceptions, it’s fueled by the economics of agriculture and energy, or common human greed, or both. Whatever the combination of factors, the end game is yet to be played. The potential damage is yet to be honestly assessed. There is no appetite among the political class to take a critical look at the down side of a new kind of prosperity.
That’s the crossroad. That’s the question: Unprecedented prosperity on the farm, in oil country, in the cities – but at what cost to the land and water heritage that North Dakotans cherish. Or do they?

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Forum editorials represent the opinion of Forum management and the newspaper’s Editorial Board.